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Can I sue the grocery store for injuries sustained in slip/fall in store's parking lot state of GA

Athens, GA |

I fell and hurt my foot in a hole in the parking lot at the grocery store. The asphalt was busted and a hole had come into the parking lot. Are they responsible for my doctor bill

Attorney Answers 3

Posted

The store is probably responsible for your doctor bill and your pain and suffering. If you can show that the store knew or should have known about the hole and did not fix it you are entitled to compensatory damages and maybe even punitive damages. If the store knowingly let the condition go un-mended for an unreasonable time punitive damages to make an example of the store may be available. On the other hand if the store can show that the hole occurred to recently to fix or they could not have known about it they may not be libel for anything. In this regard your recovery might be diminished if the store can show you contributed to your own fall by for instance not watching where you where going.

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Posted

"Slip and Falls" in Georgia are more about "knowledge" not negligence. The party with the most or superior knowledge, usually loses by law.

Since the store should inspect their property, to keep it safe (and has a duty to do so) , the real question is was the danger "open and obvious"? For example if it was raining and the whole was full of water and not visible...or it was dark and there was poor lighting, or something such as a car or shopping cart blocked your clear view?...

These are the type of questions that will determine if a judge dismisses your case in a "Motion for Summary judgement" or if the case goes to the jury.

Each State's laws vary greatly. You should contact the State Bar in Georgia for a referral to competent legal counsel in your geographical area and for each practice area.

As far as any injury claims, no lawyer can really fully answer a legal question for an inured client without knowing:
1) what your injury is and exactly how it occurred;
2) the amount of your medical bills;
3) the future treatment and prognosis of your injury;
4) your lost income or wages;
5) cost of services you couldn't perform (i.e. yard work, house cleaning...)
6) any other damages (Spousal services, mileage expenses, property damages, etc.)

Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.

For example, in Georgia the statute usually runs or expires the day before 2 years from your injury for a personal injury and 12 months in Georgia for workers compensation.

You should act now!

Do not give the "other side" or their insurance company nor their lawyer a recorded statement or a medical authorization.

Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.

Good luck.

Make it a great day!
Howard Spiva
www.spivalaw.com

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1 comment

Michael Shemtoub

Michael Shemtoub

Posted

Slip and Fall cases are not easy cases to handle. An incident needs to have been reported at the time of the accident. Then afterwards you need to obtain the logs of the administrative staff or video to see when they last cleaned the area of the slip and fall. I have handled cases against Target, Walmart and other supermarkets for slip and fall cases. These are cases that need plenty of attention to detail. I am the owner of my law firm and whenever a client hires me they work DIRECTLY with me. My fees are also reasonable and in some instances lower than other attorneys Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Posted

One piece of information which is needed in order to answer your question is, did you see the hole before stepping and if not, why not? Premises liability is based on the owner's greater knowledge and control of the premises. Each person has a duty to exercise reasonable care for his or her own safety.

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